D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law.

The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA et al, 2011 U.S. App. LEXIS 8685 (D.C. Cir.: 4/29/11), neither the Chamber nor the Auto Dealers Association claimed standing in its own right; rather, both claimed standing to sue on behalf of their members, particularly their members who were automobile dealers.

The Court, however, found that the Chamber had not identified a single member who was or would be injured by EPA's waiver decision; as such, the Chamber lacked standing to raise that challenge. The NADA had identified allegedly injured members; however, it did not assert that its dealer members had suffered an actual injury at the time the petition for review was filed. The Court also found that California's emissions standards did not regulate automobile dealers, but rather automobile manufacturers--third parties that had declined to participate in the present challenge. The affidavits from the Chamber and the NADA were thus insufficient to show the substantial probability of injury required to establish their standing.

The Court also noted that beginning in Model Year 2012, automobile manufacturers had to comply with the national standards whether the court vacated the waiver decision or not. Manufacturers selling to dealers outside of California and the 42 U.S.C. Section 7505 states would be subject to the same standards as those selling to dealers within them.

The suit was thus dismissed.

Environmentally Friendly Green Car

Lexis.com subscribers can access the Lexis enhanced version of the Chamber of Commerce of the United States et al v. EPA et al, 2011 U.S. App. LEXIS 8685 (D.C. Cir.: 4/29/11) decision with summary, headnotes, and Shepard's.

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